Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

Polyboros2 said:
This thread is such a mess, combining people taking the bait from lawtwitter exceptionals and people who come in and read the most recent page and give their impression devoid of facts a couple pages back (the fact that if Chupp doesn't file by the 4th all TCPAs fail, even Marchi's).
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This thread is exactly how public forums operate.

But since you have the facts, mind sharing the case law you’re pulling from for Marchi? We’ve specifically been looking for a citation.
 
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I'm on mobile and not in position to go 8-10 pages back, hopefully whoever posted it can more quickly reference it, it was a TCPA appeal after the judge failed to file a written decision, where the appeals court decided that with out a written ruling the TCPA was not successful.

It's the "pocket veto" several people have talked about, hoping Chupp boomers and doesn't file and the case goes forward on all actions. No formal filing on the TCPA, the TCPA is over and we move on to trial (barring appeal from the defense).
 
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Polyboros2 said:
I'm on mobile and not in position to go 8-10 pages back, hopefully whoever posted it can more quickly reference it, it was a TCPA appeal after the judge failed to file a written decision, where the appeals court decided that with out a written ruling the TCPA was not successful.

It's the "pocket veto" several people have talked about, hoping Chupp boomers and doesn't file and the case goes forward on all actions. No formal filing on the TCPA, the TCPA is over and we move on to trial (barring appeal from the defense).
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Only ones I’ve seen referenced are instances where a judge expressed intent to rule one way, and never finalized it.

I haven’t seen an example where the judge explicitly ruled from the bench.

Based on the information currently at my disposal it is not a clearly defined situation.
 
Kendrick said:
Two things: When he talks about the community, and how he wants to heal the community, he never mentionned Anime.
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Monica also has a lot of tweets expressing her desire to "move on"
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https://archive.fo/pkzZX
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http://archive.fo/ntsot
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https://archive.fo/2uOkA
 
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It’s interesting to note that the transcript from the Mediation order on Tuesday doesn’t have Jamie Marchi listed as a defendant in the header.

That might be an oversight or a reaction to the bench ruling, but it’s puzzling to see. Especially after Judge Chupp clearly tells Sam that yes, his client is still expected to join in mediation.
 
TurboNAS said:
It’s interesting to note that the transcript from the Mediation order on Tuesday doesn’t have Jamie Marchi listed as a defendant in the header.

That might be an oversight or a reaction to the bench ruling, but it’s puzzling to see. Especially after Judge Chupp clearly tells Sam that yes, his client is still expected to join in mediation.
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That's obviously an oversight. She is listed in the appearances.
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"Please settle so I don't get sodomized" "I know that you spent tens of thousands of dollars already, but just pretend you haven't and talk it out" "call it healing the community, that I don't care about"
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"Please don't make me put my own words on paper for the Appellate court to read." "I just want to cry and ignore this case" "if I write down a judgement they will kick it back laughing at me and it will be on my docket for a long time"
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"I will say community, since the defendants say it over and over" "I really want to help the anime cartoon people" "I am in no way parroting talking points"
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Hey judge I have something that will help you once this goes to appeals

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Allanon said:
It's as @AnOminous said. "Healing the anime community" is practically a direct quote from the defendants. Only they keep parroting that nonsense, and it has zero bearing on the case. It's like he read the defendants' binder, somewhere in there it harped on about how this was 'harming the anime community' and 'they all want to just start healing and get past this' and he bought it for some reason. Which sounds like bias.

Once again, the judge really shouldn't care if this case burns the anime community to the ground. That isn't his concern. His concern should be how the law applies to a case about defamation, tortious interference, and conspiracy.
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WrenchWring said:
I don't think Chupp buys into the "healing the anime community" nonsense. He's just saying whatever he can to get the parties to settle, so the appeals court doesn't sodomise him.

If you're reading this Chupp, there's a way out. Just don't rule. It's unappealable if you just "forget" to release the ruling. Sure, you'll have to deal with this autism for a year, but at least your butthole will be safe.
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Steve Smyff said:
In context, echoing the liars' words back to the liar would give the liar the idea the judge is in the liars' back pocket
- if the judge is repeating you, you're not the one that must compromise.
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Garm said:
Chupp probably read Huber's affidavit, realized the TCPA was part of the plan and realized that this was more planned than he thought.

So Chupp basically said "Real talk. This thing is going to appeals. Something will likely get past appeals. The TCPA is not a magic wand to make lawsuits disappear, especially when there is this much evidence. This plan you had failed. At best you are buying time.

If you are as concerned about the community as you claim, you need to stop this now."
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It looks like, and if he’s not stupid this is the case, he’s got two drafts ready.

One which is in case there is no amicable Mediation and one which is if there is.

He’s likely going to read into what the defense says in their mediation transcript, which we’ll never see since it’s ordered to be confidential, and rule based on that and the rest of the facts.

I believe that in both drafts Defamation moves forward in order to stall making himself look too terrible to the appeals court.
 
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NotaLolyer said:
It looks like, and if he’s not stupid this is the case, he’s got two drafts ready.

One which is in case there is no amicable Mediation and one which is if there is.

He’s likely going to read into what the defense says in their mediation transcript, which we’ll never see since it’s ordered to be confidential, and rule based on that and the rest of the facts.

I believe that in both drafts Defamation moves forward in order to stall making himself look too terrible to the appeals court.
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I agree. I said before ordering mediation on it’s face implies there is at least enough to move past TCPA.
 
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Well then, I've seen one track minds before but usually it's focused on other things...

The judge makes an attempt to mediate and you guys start victory dancing all over again. It reminds me of some of the boastful shit that was posted on September 5th, the day before the tcpa hearing. Making butthurt judge memes, posting pictures of lube, pretending the judge has been a bad boy and he's gonna get spanked.

Wanna know the best case scenario? They settle. Second best case, the appeal is won for Vic's side. The judge will keep judging. The lawyers will keep their jobs. This isn't some earth shattering case, you brainlets.

I saw the hypocrisy on the 6th and thought this thread as a whole was going through some stages of grief shit. But some of you are so stuck on denial, I don't think you have room for any other stages.

Personally, I want Vic to win, but you have to be realistic. This thread feels like another iteration of twitter, with people yelling into their own echo chamber. Argue the practice of law all you want, but stop pretending this is some epic standoff.

I say all this because if the tcpa went Vic's way, the other side would be saying the same things - a corrupt or inept judge. The losing side's lawyers being horrible. Arguing how the law "should have gone." It's just the other side of the idiotic coin.
 
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PomegranateKing said:
Well then, I've seen one track minds before but usually it's focused on other things...

The judge makes an attempt to mediate and you guys start victory dancing all over again. It reminds me of some of the boastful shit that was posted on September 5th, the day before the tcpa hearing. Making butthurt judge memes, posting pictures of lube, pretending the judge has been a bad boy and he's gonna get spanked.

Wanna know the best case scenario? They settle. Second best case, the appeal is won for Vic's side. The judge will keep judging. The lawyers will keep their jobs. This isn't some earth shattering case, you brainlets.

I saw the hypocrisy on the 6th and thought this thread as a whole was going through some stages of grief shit. But some of you are so stuck on denial, I don't think you have room for any other stages.

Personally, I want Vic to win, but you have to be realistic. This thread feels like another iteration of twitter, with people yelling into their own echo chamber. Argue the practice of law all you want, but stop pretending this is some epic standoff.

I say all this because if the tcpa went Vic's way, the other side would be saying the same things - a corrupt or inept judge. The losing side's lawyers being horrible. Arguing how the law "should have gone." It's just the other side of the idiotic coin.
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point me to where people are doing any kind of celebrating that isn't justified? We HAVE the transcripts and all we comment on is the shit we know to be accurate

X Prime said:
What the hell are you talking about?

We have almost everyone saying mediation won't work, the main division is over whether it means Chupp will dismiss everything or not. Who is victory dancing?
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There definitely is a degree of celebration happening because Mediation being ordered means even Chupp knows this shit isn't as black and white as he made it out initially.
 
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PomegranateKing said:
This isn't victory dancing?

Okay, sure.
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It's stating the Judge fucked up and knows he fucked up. It's stating that the Judge fucked up so bad that he is trying mediation as a hail mary.

Get off your high horse. Nobody is claiming Vic won everything and the case will be over in a few days.
 
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